Bryant Accuser files civil lawsuit today

[Krimson Klaw]

http://www.cnn.com/2004/LAW/08/10/bryan ... index.html

The woman who has accused Kobe Bryant of raping her filed a civil lawsuit Tuesday against the NBA star, seeking unspecified monetary damages.

The suit, named "Jane Doe vs. Kobe Bryant," was filed in federal court in Denver, just 17 days before the criminal trial is set to start, on August 27.

It alleges Bryant raped the woman, then 19, in his hotel room, restraining her "with force and violence against her will by choking her with his hands around her neck while bending her over a chair in the hotel room."

The accuser filed the suit under the name "Jane Doe" to "protect against acts and threats of physical harm to her person and to protect her significant privacy interests, including information of a highly sensitive and personal nature," the suit says.

Bryant, 25, has pleaded not guilty to felony sexual assault. He has said the two had consensual sex in his hotel room at a Colorado resort on June 30, 2003.

Last week, John Clune, an attorney for the accuser, said mistakes made by court officials in releasing the accuser's name and other information on a Web site and in e-mails have made it "difficult to proceed with the case" and caused her to lose "faith in the court system."

There was no immediate indication Tuesday that the woman would be withdrawing from the state's criminal case. But CNN senior legal analyst Jeffrey Toobin said it is highly unusual for a civil suit to be filed before the criminal case is completed.

The Associated Press reported that the woman's attorneys asked for a jury trial and compensatory damages of at least $75,000, with punitive damages to be determined later.

A criminal case requires a higher standard of proof to convict -- beyond a reasonable doubt -- and punishment can involve prison time. A civil case has a lower standard of proof -- a preponderance of evidence -- and punishment is usually a monetary award.

The judge in the criminal case has imposed a gag order, prohibiting trial participants and their attorneys from talking to reporters.

If convicted in a criminal trial, Bryant could be sentenced to four years to life in prison or 20 years to life on probation, and fined up to $750,000.

The civil suit says the woman was working as a hotel employee at the Cordillera Lodge & Spa in Eagle, Colorado, when Bryant checked in, around 10 p.m. on June 30, 2003.

The suit claims the all-star guard for the Los Angeles Lakers asked the woman to "escort him on a private tour of the resort hotel and its facilities" -- to which she complied. She gave him a tour for about 15 minutes and both flirted during that time, it says.

According to the suit, Bryant then asked her to come to his room. Shortly after she entered the room, Bryant asked her to join him in a whirlpool spa, an offer she declined, the suit says.

The woman then tried to leave, but "Bryant blocked her exit from the room, asking her for a hug."

"Plaintiff hugged defendant Bryant and he then began to kiss her lips and neck," the suit claims. "After a short period of time kissing her, defendant Bryant's voice became deeper and his acts became rougher as he started touching plaintiff's breasts and groping her in her genital region and buttocks."

Shortly afterward, the suit claims, the rape occurred.

The suit also claims Bryant has a "history of attempting to commit similar acts of violent sexual assault on females he has just met."

It goes on to say that the accuser has suffered stress, emotional distress and mental pain and suffering -- as well as being the subject of "public scorn, hatred and ridicule" -- as a result of the alleged sexual assault.

This ruins her credibility IMO. If someone rapes you, you want to see him punished and off of the streets. I guess she wants to see dollar signs instead of justice. Do you guys see this as a "why not make some money too" or as a chick screwing someone over? My initial thoughts when reading about it were not positive. I mean, the trial has not even begun yet. I can see doing like the Goldmans did, filing a civil suit after the guy gets off, and wanting to seek justice via his pockets, but this chick is suing before he is even found guilty or innocent.

[Kelshara]

This is what I posted in the Sports forum today when this was posted there:

Imho this case not only hurts other rape victims, but it makes a mockery out of them as well. I've said all along that this case stinks and that something wasn't right, and when I think back to how she held the speech at the rape victims support meeting or whatever it makes me feel sorry for real rape victims.

Yes I say that she isn't a real rape victim and I am not shocked whatsoever.

[Avestan]

I agree that this case is a shame, but not because I think the rape did not happen. . .I think it did.

I think it is a shame because the court exposed significant information to the public that should not have been made. As a result, they have made the prosecution look bad and have severely tainted the jury pool.

She can no longer get a fair trial and her failure will be a lesson to women everywhere to do nothing. . .and that really sucks.

She is fully entitled to a civil trial and everyone who knows anything about law would have told you 100% it is going to get filed. From what I have heard, she has had to move 5 times to different states because she is continually hounded by Kobe fans and media who harass her constantly. None of us can image the positioon she is in, but from what I have heard of the actual evidence. . .he sounds guilty as hell. That is the unfortunate part.

[Kelshara]

Funny.. seems like most analysts I've heard talk about the case seems to agree that he sounds not guilty (and I agree with them). I highly doubt the rape ever happened.

[Niffoni]

I need to sue someone for rape. Actually working for money is so hard.

[Kylere]

Umm she had sex with someone between the time of the alleged rape and prior to reporting it to authorities.

That is all I need to know.

[Mplor]

Umm she had sex with someone between the time of the alleged rape and prior to reporting it to authorities.

That is all I need to know.

You "know" this?

That's certainly one possible explanation for the evidence leaked to the public. However, the defense has stated a plausible alternative explanation: that she put on dirty undies in her haste to get out of the clothes she was raped in.

People like you are exactly why she's bailing out and going to a civil trial. With all the leaks, every joe on the street already thinks they "know" something or other.

However, please note that OJ is still guilty.

[Kelshara]

Between the sperm, the fact that she seemed normal and actually in a good mood when she left the room (acording to witnesses) and the fact that they allowed her sexual history to be part of the case all point towards something being stinky.

[Krimson Klaw]

The fact that she has had to move several times because of this changes my mind. That kind of brings it into perspective for me, especially since she is only suing for 75k if I read correctly.

[Forthe]

The fact that she has had to move several times because of this changes my mind. That kind of brings it into perspective for me, especially since she is only suing for 75k if I read correctly.

75k is compensatory. Basically court costs, lost wages etc. Punitive is where you will see the big $$.

The information made public certainly does not proof that rape did not happen. But you have to be blind for it not to raise doubts and suspicions, this civil suite and knowing the women is considering abadoning the criminal case just adds to my suspicions.

[kyoukan]

the criminal case won't even make it to trial. the state doesn't have enough evidence of a rape.

in my opinion if you are going to file a civil trial you should be legally obligated to reveal your identity.

[Forthe]

the criminal case won't even make it to trial. the state doesn't have enough evidence of a rape.

in my opinion if you are going to file a civil trial you should be legally obligated to reveal your identity.

Is there anything stopping bryant countersuing? Would he have to sue Jane Doe?

[Dregor Thule]

Hasn't her identity been blown for months now? Oh wait, right, this is just another step in the road of denial. "I was raped.. no one knows who I am.. I'm a sane person.."

[Avestan]

Funny.. seems like most analysts I've heard talk about the case seems to agree that he sounds not guilty (and I agree with them). I highly doubt the rape ever happened.

Quit listening to analysts. . .analysts this Peterson is going to get convicted, but he won't.

The evidence shows that they had sex and they she immediately went and told a coworker and was visibly upset when she did so.

She got a rape kit that night and the defense's explanation of the underwear is completely feasible.

I do not know what it takes to get a rape conviction because it comes down to he said she said, but I guess I do believe her when she describes the situation in such detail and the defense is going to gigantic lengths to destroy all protection given by the rape shield law.

They are doing nothing but sligning mud. If this was not Kobe Bryant and all other things are equal, the perp would be going to jail for a long ass time. As it is, they may just scare this girl out of pressing the charges.

[Xzion]

kobe didnt rape anyone. Her bitch ass is just putting on a show to get money becouse shes a little golddigging whore. I hope she gets abig fat jail sentence in return, women that would do something like that are disgusting, obviously she would have it planned out the entire time, so boohoo she put on a little show after that gold digging whore "planted her seed"

[Kylere]

Mplor, she went to the cops and reported a rape, they had her examined, and they found semen from another dude. I know this.

Ignore the 75k she would not a lawyer for 75k, she want and her lawyers want the jury to award 50 million or so, reason they demand a jury is that they are hoping for a huge jury award or a settlement. If they wanted sum X and a fair amount they would have went with a judge. But the fact is they will lose the criminal case, and I bet they lose the civil case also.

[Cartalas]

Isint Kobe innocent until proven guilty?

[Voronwë]

she is going to have a better shot in civil court, not only because the burden of proof is lower, but because in criminal court, the fucking clerks leaked all kinds of evidence that was favorable to Bryant's side, and not her side. The court up there totally just fucked up the case.

And honestly, i think she is lieing, but she still got a raw deal. I think she is lieing because supposedly, she had sex with another guy the next day, and i have a hard time believing anybody - besides a professional - would have sex the day after being raped. even with their husband.

[masteen]

She got a rape kit that night and the defense's explanation of the underwear is completely feasible.

Must have been some hellacious come stains on those panties.

That's like the most ridiculous explanation I've ever heard. I'd sooner believe she was abducted by aliens who implanted the seed of Jesus Christ in her coochie.

[Bubba Grizz]

I think he is guilty as sin. This seems to be another case of being able to buy your way out of a conviction. She probably sensed this is the way things were going so she may as well get paid. Hell, OJ wasn't convicted and yet he lost the civil suit for wrongful death. That makes no sense.

[Zaelath]

Isint Kobe innocent until proven guilty?

That standard only applies to criminal cases.

[Thess]

Umm she had sex with someone between the time of the alleged rape and prior to reporting it to authorities.

That is all I need to know.

That's what the smear campaign against her was saying - however, the judge upheld the rape shield law, which indicates that she did not have sex with someone else.

Of course - I don't actually know if she had sex after she was allegedly raped.

[Avestan]

Umm she had sex with someone between the time of the alleged rape and prior to reporting it to authorities.

That is all I need to know.

That's what the smear campaign against her was saying - however, the judge upheld the rape shield law, which indicates that she did not have sex with someone else.

Of course - I don't actually know if she had sex after she was allegedly raped.

word to that. . .there is no real evidence that she had sex with anyone else after this event, only a lot of posturing by the defence's lawyers. The shame of it is that the court system royally fucked the prosecution's case by leaking that info. We may never know, but it is ironic that this info was leaked by "accident".

I hope she sues the shit out of the government for this blunder. That is what really pisses me off.

The organization that is wholly responsible for providing a fair trial completely failed here.

[Avestan]

kobe didnt rape anyone. Her bitch ass is just putting on a show to get money becouse shes a little golddigging whore. I hope she gets abig fat jail sentence in return, women that would do something like that are disgusting, obviously she would have it planned out the entire time, so boohoo she put on a little show after that gold digging whore "planted her seed"

You are everything that is wrong with our society. I mean. . .seriously. . .every time you post, it is pure filth. You really need to grow up.

[Avestan]

Isint Kobe innocent until proven guilty?

Yes, he is. The point is not that I want to see him fry. The point is that she can no longer have a fair criminal trial due to these fuckups. Knowing what I have seen. . .which is very little. . .he seems guilty to me, but I would have to see a hell of a lot more to convict him. It is a shame that this girl may not even get a chance to see it argued criminally.

[Kelshara]

I wonder how many argues on her behalf because she is a "poor, young, innocent, pure white girl" while he is a "big, black man".

[noel]

I agreee that the Denver court should be raked over the coals on this issue, but this article from Foxsports.com appears to indicate that she did have sex after the incident with Bryant. Note the term used is 'internal swabs'.

The defense's DNA expert has testified at a hearing and will testify at trial that internal swabs taken from the accuser at her physical examination showed the presence of the DNA of a man other than Bryant, but that man's DNA was not found on Bryant during his physical examination after the encounter. The DNA expert therefore concludes that the accuser had sex with another man between the encounter with Bryant and the physical examination.

Evidence that the woman had sex with another man either in the days immediately before the encounter with Bryant or between the encounter and her physical examination is harmful to the prosecution's case because it provides an alternative explanation for the bruising found on the woman. However, evidence that she had sex with another man between when she was with Bryant and the physical examination has additional — and more harmful — relevance. Most people believe that a woman who had been raped would never have consensual sex with another man during the next 15 hours.

Thus, if this woman did have sex within the 15 hours after her encounter with Bryant, most jurors will conclude that this behavior shows that she did not believe she had been raped, or at least that there is a reasonable doubt as to whether she thought she had been raped.

However, the analyst goes on to say (and I agree with him) because it's an important point:

My own view is that women react to rape in all sorts of ways, and a woman who has been raped could conceivably have consensual sex with someone else soon after, because she was seeking some sort of consolation with a loved one, because she was in denial, or for other reasons.

The fact is, the woman could have been raped, and then had consensual sex five minutes later and that wouldn't change the fact that it was rape.

The article goes on to say:

However, my personal opinion just doesn't matter. Based on my conversations with many people about this issue, I think it is inevitable that several jurors — at a minimum — will believe that if Bryant's accuser had consensual sex during the 15 hours after she was with Kobe, she wasn't raped by Bryant.

Also, since the woman claims she didn't have sex during those 15 hours, evidence that she did calls her credibility into question. It should also be remembered that, according to the facts described in a legal opinion issued by another judge in October of last year, when one detective asked the woman why she had never said "no" to Bryant, she did not protest the premise of that question or state that she had said "no," although in other interviews with the authorities she did say that she had said "no."

While I think it's entirely possible that the woman was raped by Bryant, based on everything I've read about the case, my sense is she wasn't. That said, the only people that will ever really know are the accuser and Bryant. I think it was a mistake for her to open a civil suit against Bryant because it makes her look like she's after money instead of justice. At this point, she could have much more easily won a lawsuit against the state of Colorado.

[kyoukan]

there are multiple witnesses saying that she was at a party bragging that she banged kobe the next night. her ex boyfriend will testify that they had sex the next night. there is physical evidence that she had sex with another man the next day. I don't know what other evidence you need to think she wasn't raped. who the fuck goes into a basketball star's hotel room to "hang out" at 1AM and not expect to have sex?

a black dude getting his freak on with a little blonde all american white girl in colorado is about the only crime commited here. as evidenced by the people who think he is guilty.

[Sylvos]

The only thing this case is missing is an underage white girl, some urine and an R Kelly remix, all caught on some sordid sex tape.

[Krimson Klaw]

So she can actually end up getting 50 million from Kobe? No, this was never about the money then.

I'll take 50 million for the win Alex, and hurry, my credibility is going down faster than I did in Kobe's hotel room.

[kyoukan]

for 50 million I'll let kobe bryant rape me every tuesday.

although I don't think they declared how much they are going to ask the jury for in punitive damages.

[Winnow]

I realize famous people, rich people, sports people get away with "murder" but this case isn't solid at all.

My decision:

Kobe should pay to the plaintiff an amount equal to what he had to spend on his wife after he admitted having sex with the colorado woman in order to save his marriage.

[Jice Virago]

This is a tough situation. Rape is, without a doubt, the single worst crime in existance. It is difficult, emotionally, to put the victim through the process of going after the rapist, as well. As a result, a lot of the laws reguarding rape circumvent normal due process and a number of women have taken advantage of this over the years. Wether or not someone accused of rape is actually guilty, the mere accusation often destroys their life after the fact.

That said, I do not believe (based on what has been leaked and the behavior of the prosecution team/woman) that Kobe commited rape. I firmly believe this woman, who is sexually promiscuous and a part of the clubbing culture, decided to take her shot at the pot of gold after the fact. I understand that no means no, but if she was not out to get dorked by Kobe she certainly made a lot of dubious decisions that night. The civil suit also sends the wrong message. I also (sadly) believe that this case would have never gotten off of the ground if the woman had been black. In any case, her behavior has set back rape victims everywhere, wether she lied or not, because of things she did after her alleged rape. No matter how this case goes, you can bet that the rape shield law will come under a lot of scrutiny after this.

Finally, Kobe deserves to have his ass dragged through the mud on this one. He is a married man and rich enough to keep a mistress well hidden and paid for if he can't keep his pecker in his pants. He had everything to lose by banging some random white trash woman and he let his dick do his thinking for him. Now if he will be lucky to keep his wife, since she could very justifiably walk off with half his millions after his stupidity. His reputation is also thoroughly shot, but I don't think he cares or understands why its important. Luckily for him LA cares more about winning than its image.

[Deward]

This case will never reach the jury in the civil case. It will go to arbitration to save face all around. The woman will get about 10 million to just go away and we will forget about a year from now.

One thing to remember in Civil cases is taht Kobe can be forced to testify. They probably won't want to do that but the threat will get them closer in arbitration.

[noel]

Finally, Kobe deserves to have his ass dragged through the mud on this one. He is a married man and rich enough to keep a mistress well hidden and paid for if he can't keep his pecker in his pants. He had everything to lose by banging some random white trash woman and he let his dick do his thinking for him. Now if he will be lucky to keep his wife, since she could very justifiably walk off with half his millions after his stupidity.

But in truth, none of us know what kind of a relationship arrangement Kobe actually has with his wife...

[Kelshara]

hum isn't there a limit to how much money you can get out of a civil suit in Colorado? Think I heard something about that.. it will make her set for life pretty much but we're not talking the 50 million range either.

[Siji]

I've never in my life seen or heard of a reaction by a woman that's been raped, to have sex shortly afterwards. Of the, thankfully few, number of women I know personally that have been raped, they would also back that up. When you've been forcefully violated, the last thing you want is to mentally relive it with some other guy lying on top of you banging away.

I'm sorry, I call bullshit. Even her friends say she's a ho. Her ex says she's a ho. The bitch is a fucking ho, next please.

[Dregor Thule]

for 50 million I'll let kobe bryant rape me every tuesday.

although I don't think they declared how much they are going to ask the jury for in punitive damages.

I don't think it'd be rape unless he rescheduled for Thursdays without telling you

[Xzion]

kobe didnt rape anyone. Her bitch ass is just putting on a show to get money becouse shes a little golddigging whore. I hope she gets abig fat jail sentence in return, women that would do something like that are disgusting, obviously she would have it planned out the entire time, so boohoo she put on a little show after that gold digging whore "planted her seed"

You are everything that is wrong with our society. I mean. . .seriously. . .every time you post, it is pure filth. You really need to grow up.

Because i dont support gold digging whores who are willing to ruin someones career/life in order to steal there money?
I have learned of several cases, one of my brothers friends had a similar experiance, although he was found innocent he was still forced to serve a jail term and the situation ruined his career.

I dont know Kobe, I dont know this girl and who knows, he could have done it, but from the evidence i have heard this seems more then likely to be the case. To accuse someone like Kobe of rape in a scenario like this one is just fucked up beyond reason
I am sorry for exposing my "filth" but people like you livin out in the good'ol heartland need to step outside once in a while and open your fucking minds

[Avestan]

kobe didnt rape anyone. Her bitch ass is just putting on a show to get money becouse shes a little golddigging whore. I hope she gets abig fat jail sentence in return, women that would do something like that are disgusting, obviously she would have it planned out the entire time, so boohoo she put on a little show after that gold digging whore "planted her seed"

You are everything that is wrong with our society. I mean. . .seriously. . .every time you post, it is pure filth. You really need to grow up.

Because i dont support gold digging whores who are willing to ruin someones career/life in order to steal there money?
I have learned of several cases, one of my brothers friends had a similar experiance, although he was found innocent he was still forced to serve a jail term and the situation ruined his career.

I dont know Kobe, I dont know this girl and who knows, he could have done it, but from the evidence i have heard this seems more then likely to be the case. To accuse someone like Kobe of rape in a scenario like this one is just fucked up beyond reason
I am sorry for exposing my "filth" but people like you livin out in the good'ol heartland need to step outside once in a while and open your fucking minds

Palo Alto, Cali is the good ol heartland? Who knew!

You think it might be a good idea to not call someone a whore when you admitadly do not know Kobe and do not this girl. Really. . .stop and think for a second. You really need to tone down your stereotypes amigo. . .you seem to be wrong on all of them.

[Siji]

For everyone talking about how the girls reputation has been ruined by all the slandering.. consider Kobe as innocent.. What do you think is happening to him long term? I'd wager sponsers are less likely to choose him for one, parents may not want their children using him as a role model and his name in a year is still going to be well known while she'll be completely forgotten. He has a lot more to lose from this than she does and if he's innocent, whether she wins or loses the case, he's still affected.

People still talk about how Mike Tyson allegedly raped a woman.. bet nobody here can remember her name w/o looking it up. Same with Tupac..

[Mak]

People still talk about how Mike Tyson allegedly raped a woman.. bet nobody here can remember her name w/o looking it up.

I think it was Desiree Washington. Lemme know if that's right or wrong.

[Anuin]

This is a tough situation. Rape is, without a doubt, the single worst crime in existance.

I think that your assertion of rape being the worst crime in exsistance is a little over the top. Whereas rape is a terrible crime, i can think of a myriad of other crimes significantly worse. Like murder perhaps? No one has any right at all to take some one else's life.

Secondly your final paragraph is just plain stupid. The idea that because Kobe is rich he should be punished more? Why? He actually came forward saying that he did, infact, engage in adultry instead of hiding behind his money and hiding his mistress. He knows that he made a mistake, why should that be punished?

By that same token you legitimize the idea of abusing the system in order to gain money. That a woman should accuse another in order to gain money through civil suit or through settlement because money is the prime factor.

You also disregard the idea that not only the "victim" is effected by accusations of rape. If the person is actually innocent of this crime and is merely the victim of someone who abuses the system, then they are also subject to the exact same emotional stresses that you illustrate in your first paragraph.

Kobe is still a human being, I think people are beginning to forget that.

[Xzion]

Yeah i dont know, il take rape from a few big dudes over having my head cut off anyday...or my eyes gouged out...now THAT would suck ass

[Kelshara]

Well as a silly code of honor I guess.. I rate rape of a lady as worse than let's say murdering a man. Then again I've been called old-fashioned when it comes to chivalry

[Sylvus]

I rate rape of a lady as worse than let's say murdering a man.

That's the dumbest thing I've ever heard.

Where does murdering a woman fall, is it worse than raping her?

[Sionistic]

"Look at it this way bitch, I could of raped you"

[noel]

Yeah I definitely think murder is worse than rape. It would seem murder is a bit more permanent as well.

Either way, they're both dispicable violent crimes, and if the crime is committed it deserves criminal punishment first, and THEN perhaps some sort of settlement, but not in the reverse order.

[Cartalas]

I rate rape of a lady as worse than let's say murdering a man.

That's the dumbest thing I've ever heard.

Where does murdering a woman fall, is it worse than raping her?

In some cases yes, Sylvus think about having your dignity stripped from you tha in some cases is worse the dying.

[Kelshara]

Where does murdering a woman fall, is it worse than raping her?

Well what I tried to say in a stupid way was that I think crimes against women in general are worse than against men. And some women will indeed tell you that they would rather have died than live with the rape..